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Public Act 102-0336


 

Public Act 0336 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0336
 
HB3656 EnrolledLRB102 13852 RJF 19203 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Section 11-907 and by adding Section 11-907.2 as
follows:
 
    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
    Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
    (a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal:
        (1) the driver of every other vehicle shall yield the
    right-of-way and shall immediately drive to a position
    parallel to, and as close as possible to, the right-hand
    edge or curb of the highway clear of any intersection and
    shall, if necessary to permit the safe passage of the
    emergency vehicle, stop and remain in such position until
    the authorized emergency vehicle has passed, unless
    otherwise directed by a police officer; and
        (2) the operator of every streetcar shall immediately
    stop such car clear of any intersection and keep it in such
    position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer.
    (b) This Section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
    (c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
        (1) proceeding with due caution, yield the
    right-of-way by making a lane change into a lane not
    adjacent to that of the authorized emergency vehicle, if
    possible with due regard to safety and traffic conditions,
    if on a highway having at least 4 lanes with not less than
    2 lanes proceeding in the same direction as the
    approaching vehicle; or
        (2) if changing lanes would be impossible or unsafe,
    proceeding with due caution, reduce the speed of the
    vehicle, maintaining a safe speed for road conditions and
    leaving a safe distance until safely past the stationary
    emergency vehicles.
    The visual signal specified under this subsection (c)
given by an authorized emergency vehicle is an indication to
drivers of approaching vehicles that a hazardous condition is
present when circumstances are not immediately clear. Drivers
of vehicles approaching a stationary emergency vehicle in any
lane shall heed the warning of the signal, reduce the speed of
the vehicle, proceed with due caution, maintain a safe speed
for road conditions, be prepared to stop, and leave a safe
distance until safely passed the stationary emergency vehicle.
    As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
    (d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $250 or more than $10,000 for a first violation, and a
fine of not less than $750 or more than $10,000 for a second or
subsequent violation. It is a factor in aggravation if the
person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
penalties authorized by this subsection (d) for a violation of
subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate
additional civil or criminal penalties. A person who violates
subsection (c) and the violation results in damage to another
vehicle commits a Class A misdemeanor. A person who violates
subsection (c) and the violation results in the injury or
death of another person commits a Class 4 felony.
    (e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall
be suspended for 2 years.
    (h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
    (i) The Scott's Law Fund shall be a special fund in the
State treasury. Subject to appropriation by the General
Assembly and approval by the Director, the Director of the
State Police shall use all moneys in the Scott's Law Fund in
the Department's discretion to fund the production of
materials to educate drivers on approaching stationary
authorized emergency vehicles, to hire off-duty Department of
State Police for enforcement of this Section, and for other
law enforcement purposes the Director deems necessary in these
efforts.
    (j) For violations of this Section issued by a county or
municipal police officer, the assessment shall be deposited
into the county's or municipality's Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a
portion of the moneys in its Transportation Safety Highway
Hire-back Fund to purchase equipment for county law
enforcement and fund the production of materials to educate
drivers on construction zone safe driving habits and
approaching stationary authorized emergency vehicles.
(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)
 
    (625 ILCS 5/11-907.2 new)
    Sec. 11-907.2. Move Over Early Warning Task Force.
    (a) The Move Over Early Warning Task Force is created to
study the issue of violations of Sections 11-907, 11-907.5,
and 11-908 with attention to the causes of violations and ways
to protect law enforcement and emergency responders.
    (b) The Move Over Early Warning Task Force shall study new
technologies and early warning systems in cellular phones and
vehicles that alert the public to the presence of first
responders and road safety hazards.
    (c) The membership of the Task Force shall consist of the
following members:
        (1) the Director of State Police or his or her
    designee, who shall serve as chair;
        (2) the Secretary of State or his or her designee;
        (3) the Secretary of Transportation or his or her
    designee;
        (4) the Illinois Commerce Commission Chair or his or
    her designee;
        (5) the Statewide 911 Administrator;
        (6) the Director of the Illinois Toll Highway
    Authority or his or her designee;
        (7) the President of the Illinois Association of
    Chiefs of Police or his or her designee;
        (8) the President of the Illinois Sheriffs'
    Association or his or her designee;
        (9) the President of the Associated Fire Fighters of
    Illinois or his or her designee;
        (10) the following persons appointed by the Governor:
            (A) one representative of a statewide trucking
        association;
            (B) one representative of a Chicago area motor
        club;
            (C) one incumbent local exchange carrier; and
            (D) two representatives from a large wireless
        carrier.
    (d) The members of the Task Force shall serve without
compensation and may meet remotely via telephone or live video
conference platforms.
    (e) The Task Force shall meet and present its report and
recommendations, including legislative recommendations, if
any, on how to better enforce the provisions described in
subsection (a) and use 21st-century driver communication
technology to prevent fatalities and injuries on Illinois
roadways, to the General Assembly no later than January 1,
2023.
    (f) The Illinois State Police shall provide administrative
support to the Task Force as needed.
    (g) This Section is repealed on January 1, 2024.

Effective Date: 1/1/2022